Ritu, Author at SCC Times

‘Error of judgment, not misconduct’; MP High Court set asides ADJ’s dismissal from service for being ‘shockingly disproportionate’

“The punishment of dismissal in the present case shocks the conscience of this court because the punishment is shockingly disproportionate.”

Case Briefs High Courts

Vandalisation of Dr. Ambedkar’s Statue | M.P. High Court directs police to continue investigation and file monthly reports

The Court noted that “the Superintendent of Police, Seoni is fully cognizant of the seriousness of the matter that has hurt sentiments of public.”

Case Briefs High Courts

Rajasthan High Court dismisses plea to quash FIRs or consolidate investigation against Ex-MLA Pramod Jain Bhaya

“The law requires that for an allegation of malafide to be sustained, it must be pleaded with specificity and supported by material facts. In the absence of mens rea, or a demonstrable element of ill-intention, such a prayer cannot be entertained.”

Case Briefs High Courts

MP High Court quashes improper implementation of Reservation Rules in Selection Process; directs reconsideration of OBC female candidate’s candidature

“This Court is inclined to dispose of this petition with a direction to the respondents No.2/3 to follow the proper procedure as prescribed under Rule 11.2 and 11.3 of the Rules of 2013.”

Case Briefs High Courts

Swaran Rekha River Revival | M.P. High Court issues directions to invoke ‘Social Audit’ for Civic Accountability and Urban Governance

“Social Auditors ought to be the men of integrity, intelligence, common sense and must be passionate about the work they are assigned to. They must work without fear and favour and without ill-will”.

Case Briefs High Courts

Right to Education | Rajasthan High Court grants permission for minor rape survivor’s admission to school under Article 21-A

“No child shall be liable to pay fees and charges that prevents him/her for pursuing elementary education. The Government and Local Authorities should ensure that every child completes his/her elementary education.”

Case Briefs High Courts

Court Fee must be paid on sale consideration when declaratory suit involves title based on agreement to sell: MP High Court

“Where the plaintiff attempts to under-value the plaint and reliefs, the Court has to intervene.”

Case Briefs High Courts

“Why no action taken against anti-social elements who vandalised Dr. Ambedkar’s Statue”; MP High Court seeks explanation from Police Authorities

The State accepted notice and sought time to obtain instructions as to “why action has not been taken against the anti-social elements who have broken the statue of Dr. Ambedkar on the night of 10-02-2025.”

Case Briefs High Courts

MP High Court calls for report on Legal Aid provided to undertrials/convicts in filing Bail applications, appeals & revisions

In the instant matter, appellant was a poor person having no source of earning and there was no one in the immediate family to take care which caused delay in filing the appeal.

Case Briefs High Courts

MP High Court upholds Civil Judge’s dismissal for delivering verdicts in several criminal cases without writing judgments

“A judicial officer cannot pronounce the concluding portion of his judgment in open court without the entire text of the judgment being prepared/dictated.”

Case Briefs High Courts

Expenditure on Overburden Removal is Capital Expenditure, hence not deductible under S. 37(1) of Income Tax Act: MP High Court

‘Employee and community welfare expenditures incurred under statutory obligations or National Coal Wage Agreements are allowable business expenses under Section 37(1), being commercially expedient.’

Case Briefs Tribunals/Commissions/Regulatory Bodies

CCI approves Google’s ₹20.24 crore settlement in Android TV anti-competitive practices case

The CCI directed Google to submit annual compliance reports for five years and implement the Settlement Proposal per its submitted timeline.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Zee Entertainment guarantor’s liability arises only upon invocation of demand guarantee by IDBI: NCLAT dismisses IDBI’s plea to initiate CIRP

“There shall be liberty to the appellant to file a fresh Section 7 application for any default on the part of the corporate debtor subsequent to 10A period.”

Case Briefs High Courts

Article 348 | ‘In case of discrepancy between English and Hindi versions of a Regulation, English version prevails’: MP High Court

“As per Article 348(1)(b)(iii) of the Constitution of India, the authoritative texts of all orders, rules, Regulations and bye-laws issued under the Constitution or under any law made by Parliament or the Legislature of a State, shall be in the English language.”

Case Briefs High Courts

MP High Court seeks explanation for delay in full functionality of NCLT Indore bench despite infrastructure availability

The Court asked, “Why are at least two members from NCLT Delhi or NCLT Mumbai not being permanently posted at the NCLT Bench in Indore?”

Case Briefs High Courts

“Marital Rape is not recognised under IPC”; MP High Court upholds husband’s discharge from Section 377 IPC charge

“The definition of ‘rape’ excludes acts between a man and his wife, not below the age of fifteen years, performed during the subsistence of a valid marriage.”

Case Briefs High Courts

Rajasthan High Court takes suo motu cognizance on Heatwave Crisis in Rajasthan; issues interim directions

The Court strongly remarked “the Government cannot take the excuse that there are no available funds… when it is able to spend substantial funds running in millions on its publicity campaign.”

Case Briefs High Courts

Employer’s obligation to pay gratuity within 30 days not contingent on employee’s written application post-exit: MP High Court

“Amounts of retiral dues, including gratuity, are not bounties. It is deferred payment to the employee for the long services rendered by him to the Department… The retiral dues are also recognized as property under the Article 300-A of the Constitution.”

Case Briefs High Courts

MP High Court imposes Rs 5 lakh fine on Bhopal DIG for suppressing evidence in murder probe

“The then SP Datia has no regards for the law of land, and he is in habit of functioning as a Police Officer according to his own whims and wishes, thereby giving a complete go-by to the law of the land.”

Case Briefs High Courts

‘Private colleges must desist from giving irregular admissions’; Rajasthan High Court regularises NEET-qualified students’ irregular admission with fine

“Regularisation of admission, subject to payment of Rs.1 lac fine from each student for the lack of diligence, would meet the ends of justice and may operate as a scarecrow for the future students to remain cautious and careful, while getting admissions.”